§ DEFINITIONS
App: the Stream application, developed by PHIXI;
Premium Services: the paid services offered by PHIXI on the App, either through subscription or in-app purchase;
Services: the services offered by PHIXI on the App, as further described in these Terms of Use;
Terms of Use: the present document called "Terms of Use for the Stream Application";
User, You: any App user holding a User Account, or using the App without being registered;
User Account: your personal account on the App;
Youtube Content : third party content available through the use of Google’s API (such as text, images, videos, audio, or software)
§ SCOPE OF APPLICATION
The purpose of the Terms of Use is to define the conditions under which you may use the App, and the Services provided by PHIXI. It is very important that you carefully read and understand these Terms of Use, because by registering on the App, and / or using its functionalities, you acknowledge that you are bound by these Terms of Use and agree to comply with them in their entirety. These Terms of Use prevail over any previous agreement, exchange or arrangement that may have been reached between you and PHIXI.
PHIXI reserves the right to amend these Terms of Use at any time, in full or in part. You can also determine the date the latest amendments were made by PHIXI by checking the “last updated” date given above.
If you reject the amendments made to the Terms of Use, please stop using the App.
§ SERVICES
§ Description of the Services
Currently, no Premium Services are offered in the app or the Google Play store.
Nonetheless, Users having bought previous Premium Services keep benefiting from those.
§ Price of the Services
The access to the App and to the Services are entirely free of charge.
The cost of connecting to the Internet and other fees relating to telecommunications are entirely your own responsibility.
§ REGISTRATION / CONNECTION
§ Access to the App / Downloading
To access the App, you must download it to your smartphone or tablet, via Google legal downloading platform (Google Play). The download is free.
§ Minimum age
To register on the App and / or use the Services:
§ if you reside in the European Union: you must be at least 16 years old at the time of registration, or the minimum age required in your country (15 years old in France);
§ if you reside outside of the European Union: you must be at least 13 years old at the time of registration, or the minimum age required in your country.
If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must approve your registration on the App and accept these Terms of Use on your behalf.
§ Registration process
To benefit from the certain Services offered by the App, you must first register by creating a User Account, which will be suggested as soon as you open the App. You can register via Facebook or Google Sign In.
You may also access the App as a non-registered User, however the Services made available to you will be limited.
You are responsible for maintaining the confidentiality and security of your password, and agree not to transfer your password, or lend or otherwise transfer your use of the Services or access to the App to any third party. You are fully responsible for all activities that occur under your username and password and therefore PHIXI can, in no case, be held liable for the consequences of this use. You agree to immediately notify PHIXI of any unauthorized use of your email address and password or any other breach of security related to your User Account at support@account.Phixi-apps.com.
§ GOOD CONDUCT / PROHIBITED BEHAVIOUR
By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardise the normal course of the App and Services.
The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.
You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of PHIXI. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.
You undertake not to access, or attempt to access the App by any means other than the interface of the App provided by PHIXI, nor to engage in any activity likely to hinder or disturb the functioning of the App.
§ INTELLECTUAL PROPERTY RIGHTS ON THE APP
PHIXI grants you, free of charge, the personal and non-exclusive right to access and use the App, exclusively for your own private and non-commercial use, in accordance with the conditions set out in these Terms of Use.
The architecture of the App, graphics, concepts, scenarios, names and trade names, trademarks, logos, slogans, domain names, databases, software, and all other components of the App, although this is not an exhaustive list (hereinafter the “Protected Elements”), are the exclusive property of PHIXI. As such, you are hereby informed that these Terms of Use do not entail any assignment of intellectual property rights attached to the App or to the Protected Elements in your favour.
Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of PHIXI. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of PHIXI is strictly prohibited and punishable as copyright infringement.
§ PUSH NOTIFICATIONS
If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when PHIXI wants to share news about the App or its features.
You can deactivate or configure push notifications at any time on the “Settings” page of your device
§ HYPERLINKS - EXTERNAL SERVICES
The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter “external services”).
PHIXI has no control over external services, and is not, and cannot be responsible for their content, operation or use. By pointing or otherwise providing access to external services, PHIXI makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.
External services may have their own terms of use and / or privacy policy. You are responsible for reviewing the conditions of use of these external services.
You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.
PHIXI disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against PHIXI, regarding the content or functioning of all external services.
§ RESTRICTION OF USE OF THE YOUTUBE CONTENT
§ EXCLUSIONS FROM GUARANTEES
You hereby acknowledge that you use the App at your own risk. PHIXI cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, PHIXI reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.
PHIXI shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of Internet.
It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability.
§ LIABILITY
The App is to be used for private purposes only.
PHIXI cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.
PHIXI will make its best efforts to secure your access to the App, but shall not ensure full security. PHIXI shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.
Also, PHIXI shall not be liable for the consequences resulting from your violation of the Terms of Use. Therefore, you undertake to indemnify PHIXI in case of action from a third party, or in case PHIXI is sanctioned due to your fault.
§ TERMINATION
If you fail to comply with these Terms of Use, PHIXI reserves the right to suspend your access to the App without notice, temporarily or permanently, without prejudice to any compensation for damages that PHIXI is entitled to claim.
§ CONTACT
For any information or questions, you can write to us directly at the following email address: jasmi.kim04@gmail.com . We will get back to you as quickly as possible.
§ FINAL PROVISIONS
PHIXI’s failure, at any time, to enforce any of the provisions of these Terms of Use and / or its tolerance of the non-fulfilment of any of the obligations set out in these Terms of Use cannot be interpreted as PHIXI waiving any subsequent enforcement of any of the aforementioned provisions.
If one or more of the provisions of these Terms of Use are deemed invalid or declared as such in application of a law or regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. PHIXI may, where applicable, replace the invalid provision(s) with a new provision.
The titles of the articles in these Terms of Use are for information purposes only and should not be considered as having any legal value.
§ APPLICABLE LAW - DISPUTES
These Terms of Use are governed by the laws of France.